AN ACT to amend and
reenact §17C-17-11 of the Code of West Virginia, 1931, as amended, relating to
permitting the Commissioner of Highways to issue permits allowing vehicles of a
size and weight exceeding certain specifications to operate over routes
specified by the commissioner; requiring an engineering analysis; providing for
maximum gross vehicle weight of 120,000; limiting routes to specified roads;
and authorizing additional terms and conditions set by the Public Service
Commission and the Commissioner of Highways.

Be it enacted by the
Legislature of West Virginia:

That §17C-17-11 of the
Code of West Virginia, 1931, as amended, be amended and reenacted to read as
follows:

ARTICLE
17. SIZE, WEIGHT AND LOAD.

§17C-17-11. Permits for excess size and weight.

(a) The Public Service Commission may, in its
discretion, upon application in writing and good cause shown issue a special
permit in writing authorizing: (1) The applicant, in crossing any highway of
this state, to operate or move a vehicle or combination of vehicles of a size
or weight or load exceeding the maximum specified in this chapter or otherwise
not in conformity with the provisions of this chapter, whether the operation is
continuous or not, provided the applicant agrees to compensate the commissioner
of highways for all damages or expenses incurred in connection with the
crossing; (2) the applicant to operate or move a vehicle or combination of
vehicles of a size or weight of vehicles or nondivisible load exceeding the
maximum specified in this chapter or otherwise not in conformity with the
provisions of this chapter; and (3) the applicant to move or operate, for
limited or continuous operation, a vehicle hauling containerized cargo in a
sealed, seagoing container to or from a seaport or inland waterway port that
has or will be transported by marine shipment where the vehicle is not, as a
result of hauling the container, in conformity with the provisions of this
article relating to weight limitations, upon the conditions that: (A) The
container be hauled only on the roadways and highways designated by the
commissioner of highways; (B) the contents of the container are not changed
from the time it is loaded by the consignor or the consignor's agent to the
time it is delivered to the consignee or the consignee's agent; and (C) any additional conditions as the
commissioner of highways or the Public Service Commission may impose to
otherwise ensure compliance with the provisions of this chapter.

(b)(1) The commissioner of highways may issue a
special permit to operate or move a vehicle or combination of vehicles of a
size or weight of vehicles or nondivisible load exceeding the maximum specified
in this chapter or otherwise not in conformity with the provisions of this
chapter over routes designated by the commissioner of highways upon terms and
restrictions prescribed by the Public Service Commission, together with the
commissioner of highways.

(2) For purposes of this section, nondivisible load
means any load exceeding applicable length or weight limits which, if separated
into smaller loads or vehicles, would: (A) Compromise the intended use of the
vehicle, to the extent that the separation would make it unable to perform the
function for which it was intended; (B) destroy the value of the load or
vehicle, to the extent that the separation would make it unusable for its intended
purpose; or (C) require more than eight workhours to dismantle using
appropriate equipment: Provided, That the applicant for a nondivisible
load permit has the burden of proof as to the number of workhours required to
dismantle the load.

(3) The commissioner of highways may, in his or her
discretion, upon application in writing and based upon an engineering analysis,
issue a special permit in writing authorizing the applicant, when operating
upon any highway of this state designated by the commissioner, to operate or
move a vehicle or combination of vehicles, hauling commodities manufactured for
interstate commerce, of a size or weight or divisible load exceeding the
maximum specified in this chapter or otherwise not in conformity with the
provisions of this chapter, whether the operation is continuous or not.

(A) The engineering analysis must demonstrate that the
vehicle permitted under this subdivision does not adversely affect the
designated routes when compared to the size, weight, and load provisions of
this chapter.

(B) The maximum gross vehicle weight permitted under
this subsection is 120,000 pounds.

(C) The permit may contain any additional conditions
the commissioner of highways or the Public Service Commission may impose to
otherwise ensure compliance with the provisions of this chapter.

(c) The application for any permit other than a
special annual permit shall specifically describe the vehicle or vehicles and
load to be operated or moved along or across the highway and the particular
highway or crossing of the highway for which the permit to operate is
requested, and whether the permit is requested for a single trip or for a
continuous operation.

(d) The Public Service Commission is authorized to
issue or withhold a permit at his or her discretion; or, if the permit is
issued, to limit the number of trips, or to establish seasonal or other time
limitations within which the vehicles described may be operated on or across
the highways indicated, or otherwise to limit or prescribe conditions of
operation of the vehicle or vehicles, when necessary to assure against undue
damage to the road foundations, surface, or structures, and may require the
undertaking, bond or other security considered necessary to compensate for any
injury to any roadway structure and to specify the type, number and the
location for escort vehicles for any vehicle: Provided, That in
establishing limitations on permits issued under this section, the Public
Service Commission shall consult with the commissioner of highways, and may not
issue, limit or condition a permit in a manner inconsistent with the authority
of the commissioner of highways.

The Public Service Commission may charge a fee for the
issuance of a permit for a mobile home and a reasonable fee for the issuance of
a permit for any other vehicle under the provisions of this section to pay the
administrative costs thereof.

(e) Every permit shall be carried in the vehicle or
combination of vehicles to which it refers and shall be open to inspection by
any police officer or authorized agent of the commissioner of highways or the
Public Service Commission, and no person shall violate any of the terms or
conditions of the special permit.